The Uncertain Landscape of Article 8 of the ECHR: The Protection of Reputation as a Fundamental Human Right?

Aplin, Tanya; Bosland, Jason

doi:10.2139/ssrn.2674113

Cited by 1 publication

(1 citation statement)

References 14 publications

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“…Where defamation law might be engaged, how is it to interact with these other regulatory forms? Does big data call into question the already rather lite rationale for the protection of reputation in terms of either honour, moral status, dignity, sociality or citizenship (Aplin and Bosland, 2016;Howarth, 2011;McNamara, 2007;Post, 1986;Richardson, 2013;Rolph, 2008)? Does this transition in fact point to the need to think through the interests at stake differently, perhaps involving more attention to speech, privacy and information flows?…”

Section: The Broader Challenge Of Big Datamentioning

confidence: 99%

Data associations and the protection of reputation online in Australia

Joyce

2017

Big Data & Society

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This article focuses upon defamation law in Australia and its struggles to adjust to the digital landscape, to illustrate the broader challenges involved in the governance and regulation of data associations. In many instances, online publication will be treated by the courts in a similar fashion to traditional forms of publication. What is more contentious is the question of who, if anyone, should bear the responsibility for digital forms of defamatory publication which result not from an individual author's activity online but rather from algorithmic associations. This article seeks, in part, to analyse this question, by reference to the Australian case law and associated scholarship regarding search engine liability. Reflecting on the tensions involved here offers us a fresh perspective on defamation law through the conceptual lens of data associations. Here the focus of the article shifts to explore some wider questions posed for defamation law by big data. Defamation law may come to play a significant role in emerging frameworks for algorithmic accountability, but these developments also call into question many of its traditional concepts and assumptions. It may be time to think differently about defamation and to consider its interrelationship with privacy, speech and data protection more fully. As a result, I conclude that the courts and policymakers need to engage more deeply and explicitly with the rationale(s) for the protection of reputation and that more thought needs to be given to changing conceptions of reputation in the context of data associations.

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Section: The Broader Challenge Of Big Datamentioning

confidence: 99%

Data associations and the protection of reputation online in Australia

Joyce

2017

Big Data & Society

View full text Add to dashboard Cite

show abstract

The Uncertain Landscape of Article 8 of the ECHR: The Protection of Reputation as a Fundamental Human Right?

Cited by 1 publication

References 14 publications

Data associations and the protection of reputation online in Australia

Data associations and the protection of reputation online in Australia

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